LHHR: Possible Recourse for Persons with a Priority Entitlement (18-08)

This message is to inform your that in a recent staffing complaint decision, Agnew v. Deputy Minister of Fisheries and Oceans, the Federal Public Sector Labour Relations and Employment Board (the Board) concluded that it could hear the complaint of a person with a priority entitlement because she was assessed in the context of an advertised internal appointment process and was within the area of selection, even though she had not applied within the advertised timeframe.  

This means that persons with a priority entitlement who were assessed in the context of an advertised internal appointment process and were in the area of selection could be considered by the Board to be unsuccessful candidates with a right to make a complaint. Therefore, in accordance with the Public Service Commission (PSC) Appointment Policy, hiring managers have an obligation to provide written notifications to persons with a priority entitlement who were assessed and were in the area of selection in the context of an advertised internal appointment process even if the person with a priority entitlement did not apply within the advertised timeframe.

It is important to note that the Board’s staffing complaint process is separate and distinct from the PSC’s current administrative process, which provides persons with a priority entitlement with an opportunity to request additional feedback about the result of their assessment.  The PSC’s process is not affected by the Agnew decision, and will continue to apply as described in the PSC Priority Administration Directive.

When persons with a priority entitlement receive feedback on their assessment for a job opportunity, they can contact the hiring manager for more information on the results of their assessment (through the request for additional feedback process). Hiring Managers are encouraged to discuss their decision fully with these persons.  The hiring department and the person with a priority entitlement may seek the PSC’s intervention in the resolution of issues.  This process is still recommended as the timeliest and most efficient means of resolving issues related to the assessment of persons with a priority entitlement as it takes place before a priority clearance is issued.

If you require further clarification or have additional questions, please contact your organization’s Staffing Support Advisor.

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